Roswell man arraigned on vehicular homicide

August 25, 2003

By Tony Parra

The criminal history of a Roswell man accused of vehicular homicide in the death of a 2-week-old boy may be a factor in a case involving driving under the influence of an intoxicating liquor.
Brian Moshier, 40, was arraigned on Monday in the Roosevelt County Courthouse. He has four prior convictions for driving while intoxicated, with one pending, said Donna Mowrer, the assistant 9th Judicial District attorney. Moshier also faces charges of leaving the scene of an accident involving great bodily harm and tampering with evidence after his semi-truck trailer collided with a compact car near Elida, killing 2-week-old Angel Martinez on Aug. 5.
The accident took place on U.S. Highway 70 between Elida and Portales, according to police reports. The infant’s parents told police that Moshier was disoriented and smelled of alcohol. Moshier has been held in the Roosevelt County Detention Center for the last two weeks on a $25,000 bond.
Moshier, who Mowrer said is on probation in Crockett, Texas, for DWI, pleaded not guilty.
Mowrer would not comment on the specific details of Moshier’s criminal history.
Due to the severity of the crash, Mowrer requested that eight years be added to the maximum penalty, which stands at 13 1/2 years in prison. She also asked that the bond be raised to $50,000 for fear that Moshier may skip trial if he bonds out.
Ninth Judicial District Judge Bill Bonem denied both requests.
But Mowrer said even if Moshier bonds out of RCDC he will be extradited to Texas to face violation of probation charges. At that point a new bond would be set, she said.
Pretrial is set for 9 a.m. on Nov. 10 and jury trial is scheduled for 9 a.m. on Dec. 15.